5.  The applicant was born in 1954 and lives in Niechorze, Poland.
6.  On 7 May 1999 the applicant, in connection with a property dispute, filed an action with the Szczecin Regional Court (Sąd Okręgowy) seeking to have a notarial deed declared null and void. On the same date he made an application for an exemption from the court fees required from him to pursue the proceedings. He declared that the value of the estate in dispute was PLN 40,500 [approx. EUR 10,000].
7.  On 7 July, 4 October, 13 December 1999, 25 January and 24 February 2000 the applicant made applications for his claim to be secured.
8.  On 9 March 2000 the Regional Court asked the applicant to supplement his motion and to provide a detailed statement concerning his financial situation.
9.  On 10 September 1999 the applicant informed the court that the value of the property in question was PLN 1,000,000. On 20 March 2000 the applicant submitted his declaration of means. He stressed that he received a monthly disability pension in the amount of PLN 324.43. In addition, during the summer season he let a shop and bed and breakfast rooms, which brought him yearly PLN 6,075 and PLN 7,000 respectively. His monthly expenditures amounted to PLN 1,300.
10.  On 2 February 2001 the Regional Court asked the applicant to supplement his motion and to send the relevant documents confirmed by the local tax office.
11.  On 2 April 2001 the applicant submitted his tax return to the Regional Court. He attested that in addition to his disability pension, his only income in 2000 had been PLN 8,000 (rent) and PLN 967.90 (other sources).
12.  On 18 May 2001 the court decided to conduct an investigation in order to examine the applicant’s financial situation.
13.  On 27 July 2001 the Regional Court dismissed the applicant’s motion for an exemption from court fees. It held that the applicant had failed to provide information concerning his wife’s financial situation (they had been married under the system of separate ownership of property). The court examined the information given in the applicant’s tax return for 2000, and in his wife’s tax return. It further considered that the applicant had some extra income as he was letting the shop and the bed and breakfast rooms. Lastly, the court pointed to the fact that as the applicant had not indicated where he lived, he must be living with his wife with whom he maintained a common household.
14.  On 23 August 2001 the applicant lodged an interlocutory appeal against that decision. He submitted that he had openly described his financial situation and he had not concealed any extra income. In addition to his monthly disability pension in the amount of PLN 324.43 he received PLN 6,075 and PLN 7,000 as rent from the shop and the rooms let to tourists. Furthermore, the Regional Court had based its decision on conjectures and suspicions as to the extra income received by him and his wife without any reference to the evidence actually collected in the case. Finally, the applicant claimed that his income only allowed him to support himself and his son and that he had not been able to put money aside for the payment of future court fees.
15.  On 24 October 2001 the Poznań Court of Appeal (Sąd Apelacyjny) dismissed his appeal. The court reiterated that the applicant should have put aside money for the payment of court fees. In addition, despite the fact that the applicant had been married under the system of separate ownership of property, he should have provided a declaration of means in respect of his wife. In accordance with the relevant provisions of the Family and Custody Code, married persons were obliged to assist each other financially irrespective of whether they were married under a system of separate or joint ownership. In conclusion, the court found that the applicant’s submissions that his monthly net income amounted to PLN 200 had not been credible. As a consequence, the court refused to exempt the applicant from the court fees due for proceeding with his civil claim.
16.  On 19 November 2001 the Szczecin Regional Court ordered the applicant to pay court fees of PLN 51,600 for lodging his statement of claim.
17.  As the applicant failed to pay the required court fees, his statement of claim was returned to him on 20 December 2001.